Divorce cases can be contested or uncontested.  In order for a case to be uncontested, the parties must reach an agreement regarding all issues brought before the Court.  Ideally, two married individuals will work out what to do with the assets and liabilities of their marriage, enter into a specific type of contract called a Marital Dissolution Agreement, or MDA, and have said agreement approved by the Court before being pronounced divorced and moving on with their lives.  Generally, uncontested divorce cases are far less expensive and stressful than contested cases but divorcing parties cannot always agree on all the issues in their case, especially when custody of children is involved. 

 

In the event that the parties cannot reach an agreement, their case must be resolved on a contested basis where the parties bring their case before the Judge for a final adjudication at trial.  This process can be excruciatingly long, difficult, and expensive.  If your case is contested, you most certainly need a skilled divorce attorney to help you through it. 

 

Whether your case is contested or uncontested depends entirely on you and your spouse.  Either way, it is important that you arm yourself with the knowledge and experience of a skilled divorce attorney in order to successfully navigate the uneasy waters of your divorce case. 

 

It should be the goal of the Court in a divorce action to enter an equitable division of the parties' marital assets and liabilities.  Note that 'equitable' does not necessarily mean 'equal.'  It essentially means 'fair given the circumstances.'  If one party has taken it upon themselves to dissipate marital assets on things like an adulterous relationship, drugs, gambling, etc., or if one party has contributed far more to the pool of marital assets during a short-term marriage, it would not be "equitable" for the Court to divide the marital assets evenly amongst the parties. 

 

There are many factors that the Court must consider when equitably dividing marital assets, which is why it is so important to hire an attorney to represent you so that you can be best equipped to convey those factors to the Court in the manner which benefits you the most.